Search Results for "Parental Custody"

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High Court Grants Mother's Custody Plea for Surrogate Twins Amid Legal and Emotional Turmoil. A Landmark Decision Balancing Legal Rights and Emotional Bonds in a Surrogacy Case.

The Bombay High Court, the court addressed a complex case involving the custody of twin daughters born through surrogacy. The petitioner, the legal mo...

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Supreme Court Allows Wife's Appeal in Maintenance Case: Decree for Restitution of Conjugal Rights Does Not Automatically Bar Maintenance Under Section 125(4) CrPC. Wife's Refusal to Return to Matrimonial Home Must Be Based on 'Reasonable Excuse' and Burden on Husband to Prove Wilful Neglect.

The appellant, Rina Kumari (wife), and respondent No. 1, Dinesh Kumar Mahto (husband), were married on 01.05.2014 and separated in August 2015. The hu...

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Bombay High Court Dismisses Petition Challenging Domestic Violence Act Orders — Upholds Interim Maintenance and Protection Orders. The court held that the Domestic Violence Act is a beneficial legislation and its provisions must be interpreted liberally to protect the rights of women.

The case involves a criminal writ petition filed by Abhishek Jain and Asha Jain (petitioners) challenging the judgment and order dated 01.11.2022 pass...

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High Court of Karnataka Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion — Allegations Not Proved Under Section 13(1)(i-a)(i-b) of Hindu Marriage Act, 1955. Wife's temporary stay at parental home and filing of maintenance petition do not constitute cruelty or desertion.

The appellant-husband, Shri Amit, filed a petition under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, seeking dissolution of his marr...

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Bombay High Court Dismisses Wife's Application to Stay UK Divorce Proceedings and Grant Anti-Suit Injunction. Court holds that Indian courts cannot restrain a party from pursuing divorce proceedings in a foreign court where the respondent is domiciled and the marriage was not consummated in India.

The plaintiff wife filed a Notice of Motion seeking an ex-parte ad-interim order to stay divorce proceedings initiated by the defendant husband in the...